PC RES 2026-007 P.C. RESOLUTION 2026-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES
RECOMMENDING TO THE CITY COUNCIL THAT AN
ORDINANCE BE ADOPTED TO AMEND CHAPTER 17.47
(MIXED USE OVERLAY DISTRICT (MOOD)) AND
CHAPTER 17.48 (RESIDENTIAL OVERLAY DISTRICT
(ROD)) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, TO CONTINUE TO
EFFECTUATE THE 2021-2029 HOUSING ELEMENT(CASE
NO. PLCA2026-0002).
WHEREAS,the City of Rancho Palos Verdes was required by State Housing law
to update the Housing Element of its General Plan for the 2021-2029 planning period (6th
Cycle) to include policies, strategies, and actions to facilitate the construction of new
housing and preservation of existing housing to meet the needs of the City's population
during the 6th Cycle period, as well as to accommodate the City's Regional Housing
Needs Assessment(RH NA)allocation for new housing units in various income categories
throughout the City; and
WHEREAS,to effectuate the Housing Element by implementing zoning revisions
that will accommodate the capacity for the housing as proposed in the Housing Element
Update to meet the City's RHNA obligation, City staff prepared amendments to the
General Plan Land Use Element, Local Coastal Program (Coastal Specific Plan), Zoning
Code, Zoning Map, and Development Standards for Accessory Dwelling Units (ADUs)
and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 2024-16
that adopted the City's Housing Element for the 2021-2029 housing cycle and amended
the City's General Plan and Local Coastal Plan to ensure consistency with the Housing
Element and adopted Urgency Ordinance No. 678U, which amended the City's Zoning
Code to, among other items, add Chapter 17.47 "Mixed Use Overlay District" (MUOD)
and add Chapter 17.48 "Residential Overlay District" (ROD)to accommodate the housing
capacity as proposed in the Housing Element Update to meet the City's RHNAobligation;
and
WHEREAS,on June 18, 2024 the City Council adopted Ordinance No. 681, which
among other items, adopted the MUOD and ROD again utilizing the regular process for
amending the City's zoning code; and
P.C. Resolution No. 2026-07
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WHEREAS,on October 10, 2025,the California Court of Appeal,Second Appellate
District, issued its opinion in New Commune DTLA LLC v. City of Redondo Beach (2025)
115 Cal.App.5th 111 ("New Commune Decision") in which it held that "[a]n overlay cannot
be used to satisfy the minimum density and residential use requirements set out in
Government Code section 65583.2, subdivision (h)(2) . . . where the base zoning
expressly permits development that does not include housing"and a mixed-use overlay
zone cannot qualify for the mixed-use exception set forth in Government Code, section
65583.2(h)(2) for providing lower income housing needs if the mixed-use overlay zone
does not allow 100 percent residential use and require that residential use occupy 50
percent of the total floor area of a mixed-use project; and
WHEREAS, on January 28, 2026 the California Supreme Court denied
Respondent City of Redondo Beach's Petition for Review to the Supreme Court or, in the
'alternative, its request for de-publication of the decision; and,
WHEREAS,the City Council seeks to ensure that MUOD and ROD effectuate the
City's 6th Cycle 2021-2029 Housing Element immediately, in light of the New Commune
Decision by amending the MUOD and ROD to ensure that the MUOD and ROD comply
with Government Code section 65583.2(h) and that the City's 2021-2029 Housing
Element continues to substantially comply with the State's laws governing housing
elements; and
WHEREAS, pursuant to Government Code § 36937, subdivision (b), any
ordinance for the immediate preservation of the public peace, health, or safety, containing
a declaration of the facts constituting the urgency, that is passed by a four-fifths (4/5) vote
of the City Council, shall take effect immediately upon its adoption; and
WHEREAS,on March 3, 2026, the City Council,in seeking and intending to protect
the health, safety, and welfare of the residents of the City of Rancho Palos Verdes,
adopted by Urgency Ordinance No. 697U amendments to the MUOD and ROD to
continue to effectuate the City's 2021-2029 Housing Element; and
WHEREAS, on March 3, 2026, City Council initiated regular Code Amendment
proceedings to the Zoning Code (Title 17 of RPVMC) thereby having the Planning
Commission,in an advisory role, make recommendations to the City Council on proposed
text amendments to Chapter 17.47 Mixed Use Overlay District (MUOD) and Chapter
17.48 Residential Overlay District (ROD) to require that any new development or
additions in these districts must allow 100 percent residential use and require that
residential use occupy at least 50 percent of the total floor area of a mixed-use project,
and will also require that the overlay is applicable to all new development projects in these
overlay districts; and
P.C. Resolution No. 2026-07
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WHEREAS, on March 19, 2026 a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the Planning Commission
pursuant to the requirements of the RPVMC and of Government Code section 65854(b);
and
WHEREAS,on April 14,2026 the Planning Commission held a duly noticed public
hearing to consider adopting a resolution forwarding recommendations to the City Council
to consider an ordinance be adopted to amend Chapter 17.47 (Mixed Use Overlay District
(MUOD)) and Chapter 17.48 (Residential Overlay District (ROD)) of Title 17 (Zoning) of
the Rancho Palos Verdes Municipal Code, to continue to effectuate the 2021-2029
Housing Element.
NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES, HEREBY FINDS, DETERMINES,AND RESOLVES AS FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and
correct and incorporated herein by reference as though set forth in full.
Section 2: The Planning Commission has reviewed and considered
recommending to the City Council that an ordinance be adopted to amend Chapter 17.47
(Mixed Use Overlay District (MUOD)) and Chapter 17.48 (Residential Overlay District
(ROD)) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code, to continue to
effectuate the 2021-2029 Housing Element, aligned with Urgency Ordinance No. 697U
adopted by City Council on March 3, 2026.
Section 3: The proposed code amendment is necessary to address the
appellate court's specific determination regarding mixed use overlay districts and to bring
the RPVMC into compliance with the court's decision.
Section 4: The Project is consistent with the following General Plan goals and
policies:
• Social Services Element Goal 4: Promote healthy and affordable housing
opportunities for all segments of the community.
• Land Use Goal 2: Carefully control and direct future growth towards making a
positive contribution to all elements of the community. Growth in Rancho Palos
Verdes should be a cautious, evolutionary process that considers the capacity
limitations for the City, and the environmental factors and quality of life on the
Peninsula.
• Land Use Policy 19: Promote and encourage the improvement and redevelopment
of the Western Avenue corridor.
i • Housing Element Goal 1 Housing Supply, Program 1: Zoning Amendments to
Increase Housing Development Potential. Include component for Mixed-Use
Overlay Zoning District (MUOD) and Residential Overlay District (ROD) (modify
existing program and expand beyond Western Avenue).
P.C. Resolution No. 2026-07
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Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends to the City Council
that an Ordinance be adopted to amend Chapter 17.47 (Mixed Use Overlay District
(MUOD)) and Chapter 17.48 (Residential Overlay District (ROD)) of Title 17 (Zoning) of
the Rancho Palos Verdes Municipal Code, to continue to effectuate the 2021-2029
Housing Element as demonstrated in Exhibit A,with the additions presented as underline
and the deletions presented as strikethrough.
Section 6: The Planning Commission recommends the City Council determine
that the proposed code amendments are in compliance with the California Environmental
Quality Act (CEQA) and determined that the amendments to the MUOD and ROD were
adequately assessed in the Negative Declaration adopted on August 11, 2022; and
pursuant to CEQA Guidelines 15162 and 15164, and Addendum No. 1 dated March 2024,
the finds no major revisions are required to the Negative Declaration and no subsequent
EIR or negative declaration is required for approval of the project.
BE IT FURTHER RESOLVED, the Planning Commission staff is directed to
forward a copy of this resolution to the City Council so the Council will be informed of the
action of the Planning Commission.
PASSED,APPROVED,AND ADOPTED this 14th day of April,2026 by the following
vote:
AYES: COMMISSIONERS CHRISTEN, CHURA, GEORGE, O'CONNOR,
SANTAROSA, VICE CHAIR BRACH, & CHAIR NULMAN
LMAN
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
7 Eric ul n
Chair
Brandy rbes, AIC P
Director of Community Development; and
Secretary of the Planning Commission
P.C. Resolution No. 2026-07
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